Joining us now chief legal affairs anchor Dan Abrams in the studio with us and Nancy grace host of "Nancy grace" of HLN. How strong is the case against Pistorius? Well, on the outside looking in the... See More
Joining us now chief legal affairs anchor Dan Abrams in the studio with us and Nancy grace host of "Nancy grace" of HLN. How strong is the case against Pistorius? Well, on the outside looking in the case seems very, very strong and I base that largely upon Michele Berger's testimony. She states that she heard loud screams then one gunshot then three quick gunshots. That would indicate that Pistorius knew it was his girlfriend before he fired. Now, her testimony is under attack and not only that, this is very important, she testified through a translator and the old adage lost in translation I think is going to be problems with that ear witness. Dan, picking up on what Nancy was saying there about the eyewitnesses or the ear witnesses and how powerful is what they're saying. They're crucial. If there was an argument followed by shots, that's devastating to Pistorius' case because his position is there was no argument. Maybe I was screaming because I was scared. But there was no one arguing so if you've got these ear witnesses who live nearby saying not just that they're hearing screaming but hearing an argument, that becomes incredibly powerful evidence against Pistorius for murder. Dan, that's going to be an issue because the ear witnesses over a football field length away so the defense is having a field day with that and another thing that's coming out is that the gun and the holster was kept under riva, her side of the bed so if he's out on the balcony adjusting a fan, he comes back in, hears something in the bathroom, he has to go to her side of the bed. Hello, didn't he notice she's not in the bed? I mean that is damning and there have been other incidents where he shot a gun in the past, once in a restaurant by accident, once outside of a sunroof in a car. You know, that's bad. There's a lot of talk in this case about premeditation and where -- was he wearing his prosthetics or not. To some degree that's not that important under south african law. Murder is murder under south african lawyer. It doesn't matter if it was premeditated or not. Can that help in sentencing, yes, but this motion there was a lot of talk about the fact that initially prosecutors had thought that he was wearing his prosthetics. But that dropped that. That's right because that could have shown premeditation, the time it took to put on the legs. Now they're dropping that part of the case but it kind of doesn't matter. If there was an intent to commit murder or that argument we talked about you have an incredibly powerful murder case. How do you feel about that, whether or not he was wearing them. I don't think it makes a difference. You know, with or without the blades he was extremely powerful. Whether he was or not, having a gun equalizes everything. That puts him in the position of power. And let's not forget the argument that Dan mentioned as being heard by the witnesses on the stand right now, about two days before, riva had met an old boyfriend innocently for coffee and Pistorius called during that meeting and got really, really angry. Let's take a step back. He shot his girlfriend in his house in the bathroom. I mean he's in a tough spot here. Put aside, you know, getting into all the sort of legalities of this but the reality is he's in his own home, witnesses claim to have heard arguments. I don't going to meet your ex-boyfriend for coffee is illegal. It goes to motive. The notion we're sort of looking at this from sort of 10,000 feet, the reality is this is a very tough case for Pistorius and I don't think -- Hey, Dan, we're looking at it through O.J. Simpson glasses where we know anything can go wrong. That's where I'm coming from. But a difference here is that there's not a jury in south Africa. It's only the judge. That will make it even tougher because he has a smart judge sitting up there. Look, very strong case of murder. Even stronger case of the possibility what's called culpable homicide which is a lesser crime. A tough case for him. Dan and Nancy as always, appreciate you weighing in. Have a good day there, Nancy. Thank you, robin. Thank you, Dan.
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